Monday, June 12, 2006

How To Avoid Deportation In Immigration Court

I see the topic of avoiding deportation in a removal proceeding in immigration court is extremely complex because there are so many unrelated rules and dozens of limited opportunities to save someone from deportation. But the rules and opportunities are so unrelated that it is like going down a long list of random ideas. In some ways, this resembles compiling a tax return -- you can reduce your taxes if you qualify for any of a dozen different tax provisions, but the provisions are somewhat arbitrary and unrelated.

For example, (and this is just a provisional), ways to fight a removal case can include: Notice To Appear has errors, the government did not send the Notice To Appear the right way, the government's allegations can't be proven, the basis for deportation is not supported by the facts, the basis for deportation is not permitted under the law, the government obtained evidence illegally, the immigrant is now a US citizen, someone can get a green card for the immigrant, 212(c) waiver, 212(h) waiver, fraud waiver, cancellation of removal, asylum, withholding of removal, Convention Against Torture, registry, TPS, late-TPS, domestic violence victim, human trafficking victim, crime victim, crime informant, abandoned juvenile, adoption, Fleuti doctrine, deferred action, change venue, consolidate with another pending case, FOIA request, subpoenas, apply for readmission, international law on rights of the child, rights under the state constitution.


Post a Comment

<< Home